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Author Topic: Jackson Family V AEG Pre Trial & Jury Selection  (Read 17453 times)

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Offline moonstreet

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Re: Jackson Family V AEG Live
« Reply #30 on: December 01, 2012, 04:05:02 PM »
Recap and update of the case from @Ivy_4MJ

Katherine's lawyers will depose Tohme on or before January 11. KJ's lawyers say Tohme can help their case against AEG.

@Ivy_4MJ
AEG will continue to depose Taunya Zilkie on Jan 10th and they will ask her questions about Randy's business dealings with Michael plus more

@Ivy_4MJ
AEG got extra 5 pages for their summary judgment brief - which should be due very SOON!. It'll get quite interesting in KJ- AEG case.
« Last Edit: December 01, 2012, 04:09:36 PM by moonstreet »

Offline moonstreet

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Re: Jackson Family V AEG Live
« Reply #31 on: December 04, 2012, 10:15:28 AM »
***UPDATE*** from @Ivy_4MJ

We are in the phase where one party files a summary judgment motion asking to dismiss all or parts of a lawsuit before it goes to trial. AEG has just filed their summary judgment motion in an attempt to dismiss Katherine Jackson's lawsuit against them.

I will post a brief info and post the documents and then update the thread with the summaries etc. Feel free to read, comment and summarize as well. We are opening this thread first at News and Happenings due to significance of it, later it'll be moved to Trials and Tribulations.

AEG Live, Gongaware and Phillips has filed their own summary judgment motion. I'll be posting the documents for it.

AEG Inc, and Leiweike has filed a separate summary judgment motion. I will not be posting it but mainly they argue that the parent company AEG and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.

Almost all depositions AEG cite are marked confidential and filed under seal.

AEG Live, Phillips and Gongaware's Summary Judgment motion link : http://www.scribd.com/doc/115405475/AEG-Summary-Judgment-Motion

AEG Inc, and Leiweike has filed a separate summary judgment motion. I will not be posting the documents for it but mainly they argue that the parent company AEG Inc. and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.

Summary of the AEG Live, Gongaware and Phillips summary judgment motion (document posted above) is as follows:

AEG is asking dismissal based on "matter of law" as there's no triable issues.

First action : Breach of contract.

In this claim Katherine Jackson claimed AEG had a legal duty and failed to perform their legal duty and acted negligently. AEG denies this claim saying there was no legal duty. They argue that they had no duty to protect Michael from Murray.

A. Katherine claimed there was a "special relationship" between Michael and AEG because Michael was dependent to AEG. AEG argues that the legal definition of special relationship is pretty specific and it involves situations such as the relationship between foster children and foster parents and prisoners and guards and so on. They argue that Michael was a 50 year old intelligent and successful entertainer and he wasn't a child or a prisoner.

A.1. AEG further argues that financial dependence - even if true - doesn't create a special relationship. If it did then every person would be dependent to their employee or their bank. AEG simply argues that every one even though they might have debt have the option to change jobs, sell their assets and declare bankruptcy.

AEG argues that law doesn't recognize special relationship in regards to medical care - unless there's full control. For example law recognizes control over a prisoner's medical care as the prisoner is under the total control of the guards. AEG claims as Michael was not in custody of AEG no such control over his medical care exists.

AEG argues that even though the court to assume that there was some special relationship between AEG and Michael, AEG's only responsibility would be to provide access to medical care. The quality of the medical care would still be responsibility of the doctor Murray and not AEG. AEG argues that the according to law the duty to provide quality medical care is through the doctor to the patient.

A.2. AEG argues that there are no evidence / facts to show that there was a special relationship.

AEG states they did not control Michael's finances. Michael signed the tour deal voluntarily after months of negotiations and changes to the contract. AEG says that despite the claims Michael did not put his personal assets as collateral (Ivy's note: This is something I've been saying for some time now. Michael only put MJJ Co's assets as collateral. The catalogs were personal assets that were hold in separate bankruptcy remote trusts. Catalogs weren't a collateral)

AEG compares Michael deciding to go on tour rather than to sell his assets to any American that works to pay their debts.

AEG says they did not control Michael's medical care. AEG says they did not isolate or stopped Michael from seeing any doctor (Note: Arnie Klein's creditors claims showing that Michael visited him up to 3 days before his death is added as an exhibit) AEG also denies the claim that they forced Michael to see Murray and argue that Murray is Michael's long term physician - even before any deal with AEG.

AEG also states that Murray started to perform services in April 2009 - a month before any AEG executive ever heard of him.

B. Negligent undertaking

B. 1.2. AEG argues that they did not undertake Michael's medical care and this did not increase the chances of any more harm. AEG argues that Murray have been treating Michael for a long time and the risk was the same. AEG's involvement - even if it happened- did not increase the risk.

B.3. AEG argues that they had no obligation to provide Murray any equipment and assistant in Los Angeles because i) Murray wanted those for London and not Los Angeles, ii) the contract was not signed so it was not enforceable and iii)Murray was the one to choose the equipment and assistant and therefore AEG could have not provide it on their own (Murray had to request those and he didn't.)

4. AEG is denying any responsibility for risk as it was Murray who knew that what equipment and assistant needed and still decided to provide services. They place the risk on Murray's conduct.

C. Lack of foreseeability

AEG argues that they could not foresee harm to Michael. Murray was a licensed doctor in multiple states and did not have any prior record of discipline. AEG argues they could not foresee that Murray would deviate this much from the standard of care to the point of being foung guilty of involuntary manslaughter and given maximum sentence.

D. Hiring, training and supervising Murray

AEG denies these claims saying they did not hire Murray, they had no reason to believe Murray was unfit and they did not know Michael was given Propofol.

Again AEG mentions Murray was Michael's longtime physician, he was at LA house performing services a month before AEG even heard about him. They say they started negotiations with Murray in insistence of Michael when they did not want to hire him. They mention the drafting process and mention they did not pay Murray. AEG also points out that the contract had a clause saying that the agreement will not be in effect until Michael signs it.

AEG states that there was no oral contract and everyone was aware that any agreement required to be written and signed. They say their emails and communications show an understanding of this and even Murray wanted to show the agreement to his lawyers and wanted several changes. AEG states their refusal to pay "good faith" payment to Murray also demonstrates that they only considered a written and fully executed agreement as a binding one. AEG argues that all of these show that the agreement was supposed to be in writing and there is no oral contract.

So overall they argue that they never hired Murray and therefore never trained or supervised him either.

AEG continues to argue that even if court thinks they hired Murray, AEG could not have seen the risk Murray posed as Murray was seen as a competent doctor licensed in multiple states with no disciplinary actions.

AEG also argues that Murray was going to be hired as an "independent contractor" and law says you aren't responsible for the actions of an independent contractor.

---------------------------------------------

Some tidbits from the additional documents and not redacted parts

Michael's kids confirm that they either first met Murray in Bahrain or in Las Vegas. They state they started to see Murray more often in LA. (Ivy's note: This seems to AEG's evidence that Michael's relationship with Murray dated long before they came into picture)

Katherine in her written answers admit that Michael was given Propofol by other doctors before Murray.

AEG Live execs - Phillips and Gongaware - state they did not know Michael was being given Propofol by Murray, they state they didn't even know what Propofol is.

Phillips and Gongaware say that their meetings with Murray was limited to 2-3 meetings.

Two excerpts from depositions of Kai Chase and Rosalyn Muhammed state that they did not see Michael under influence. (Ivy's note: Which can be used in trial as these people didn't recognize the effects of the drugs , it'll be impossible for us to recognize it.)

The instance Michael felt cold is mentioned in nanny Rose's deposition as well as Paris's written answers to questions.

Paris also states that she discussed Michael with Latoya and that Latoya promised to get to the bottom of who killed Michael.

AEG's responses include that Michael was represented by Tohme Tohme, Dennis Hawk and Peter Lopez during the negotiations and signing of the TII concert deal.

Katherine argues that given that Gongaware's prior history with Michael (he was involved in other tours) he should have known that Michael was taking Propofol.

------------------------

Oral arguments are set for February 13, 2013. After the oral arguments court would take some to come to a decision.


Offline moonstreet

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Re: Jackson Family V AEG Live
« Reply #32 on: January 27, 2013, 02:24:58 PM »
Murray Subpoenaed In Katherine Jackson's Wrongful Death Lawsuit Against AEG
1/20/2013 1:00 AM PST BY TMZ STAFF


Katherine Jackson is reaching out to the man who killed her son because she needs him badly for something ... TMZ has learned.

Katherine is in the throes of a wrongful death lawsuit against AEG, claiming the company negligently hired Dr. Conrad Murray and failed to properly supervise him.

Here's the problem.  She needs Murray on the record, explaining how the arrangement went down, so she's subpoenaed the jailed Doc. Katherine wants Murray to acknowledge AEG masterminded the plan to bring him on board.

It's ironic, to say the least, but Katherine is dealing with some bad options. She can go after Murray, but he doesn't have a pot to piss in. Or, she can try to bring him into the fold in order to go after the deep pockets -- AEG.

Now the real problem -- Murray's not cooperating. His lawyers, Valerie Wass and J. Michael Flanagan, are fighting the subpoena, trying to get it tossed on technical grounds.

So Katherine can persist ... and a judge could order Murray to tell all. But she doesn't want to unnecessarily antagonize the Doc, because a hostile witness is often a bad witness.

 http://www.tmz.com/2013/01/20/katherine-jackson-conrad-murray-wrongful-death-lawsuit-aeg/#ixzz2JBLIPKb3
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Offline moonstreet

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Re: Jackson Family V AEG Live
« Reply #33 on: February 07, 2013, 09:57:26 PM »
Michael Jackson’s Mom’s Gets Court Favor
Posted Wednesday, February 06, 2013-4:07 pm


LOS ANGELES (CNS) – Attorneys representing Michael Jackson’s mother in her lawsuit against the promoters of the concert tour he was preparing for at the time of his 2009 death have obtained a court order directing the coroner’s office to provide copies of slides and X-rays regarding the late singer.

Los Angeles Superior Court Judge Yvette Palazuelos issued the order Tuesday during an unscheduled hearing, finding that there was good cause to grant the request.     Katherine Jackson, 82, and her late son’s three children allege AEG Live negligently hired Dr. Conrad Murray to care for him. The singer was set to perform 50 shows in London for AEG Live, but died on June 25, 2009, of acute propofol intoxication in Los Angeles while rehearsing for the concert series.

The negligence suit was filed in September 2010 by Katherine Jackson on behalf of herself and grandchildren Michael Jr., Paris-Michael Katherine and Prince Michael.

The Jackson family matriarch’s attorney, Kevin Boyle, stated in his court papers that the items obtained will be helpful in preparing for trial in his clients’ case against AEG Live.

“These materials are undoubtedly relevant to this wrongful death case,” Boyle wrote. “The X-rays and slides will assist counsel and retained experts in presenting trial testimony and performing analyses relating to liability and causation.”

The analyses are necessary because AEG Live disagrees that negligence by Murray, Jackson’s personal physician, caused the pop star’s death and refuses to acknowledge that that the singer himself had no fault for bringing about his own death, according to Boyle’s court papers.

“Accordingly, these X-rays and slides may be used by (plaintiffs’) attorneys and shown to expert witnesses in their preparation of this case,” Boyle wrote.

Murray was convicted of involuntary manslaughter in Jackson’s death and was sentenced in November 2011 to four years in the Los Angeles County men’s jail.

http://sanmarinotribune.com/2013/02/06/michael-jacksons-moms-lawsuit-court-order/

Offline moonstreet

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Re: Jackson Family V AEG Live
« Reply #34 on: February 21, 2013, 07:53:00 PM »
Conrad Murray ordered to meet with Katherine Jackson's lawyers
By Alan Duke, CNN
February 21, 2013 -- Updated 1847 GMT (0247 HKT)


Los Angeles (CNN) -- A judge has ordered Dr. Conrad Murray to meet with Katherine Jackson's lawyers next month for a deposition in her wrongful death lawsuit against concert promoter AEG Live.

The lawsuit, which is set for trial in April, accuses AEG Live of causing the death of Katherine Jackson's son, Michael Jackson, by pressuring him to prepare for his 2009 comeback concerts while he was in fragile health.

The suit, filed on behalf of Michael Jackson's mother and three children, says that AEG Live executives hired and supervised Murray, who was convicted of involuntary manslaughter in Jackson's death.

Murray lawyer Valerie Wass, who unsuccessfully objected to the deposition, said the decision disappointed her. Wass said she would advise Murray to invoke his Fifth Amendment right to not answer questions.

"But Dr. Murray has a mind of his own," Wass said. "If he decided to answer a question, those parties don't know what he's going to say."

The videotaped deposition is set to take place on March 18 in the Los Angeles County jail where Murray has been serving his sentence since November 2011.

Murray, who was the pop superstar's personal physician, has never been questioned under oath about Jackson's death. He did not testify at his trial.

http://edition.cnn.com/2013/02/21/justice/conrad-murray-deposition/index.html

Offline moonstreet

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Re: Jackson Family V AEG Live
« Reply #35 on: February 25, 2013, 10:02:50 PM »
Wrongful death lawsuit against AEG Live, filed by Katherine Jackson going to trial in April
By Alan Duke February 25, 2013


Los Angeles (CNN) -- The lawsuit filed by Michael Jackson's three children and mother that accuses a concert promoter of contributing to the pop icon's death can go to trial, a Los Angeles judge tentatively ruled Monday.

The trial for the wrongful death lawsuit against AEG Live, filed by Jackson matriarch Katherine Jackson and his children, Prince, Paris and Blanket Jackson, is set for April. A final order on Monday's decision has not been issued yet.

The judge has ordered Dr. Conrad Murray, who the suit contends was hired and supervised by AEG Live executives, to meet with Jackson lawyers next month for a deposition. Murray was convicted of involuntary manslaughter in Jackson's 2009 death.

The judge's decision would allow the suit to move ahead on the contention that AEG Live was negligent in hiring Murray.
Murray was working as Jackson's full-time personal physician as the star prepared for his 2009 comeback concerts promoted by AEG Live.

Murray lawyer Valerie Wass said she would advise Murray to invoke his Fifth Amendment right to not answer questions.
"But Dr. Murray has a mind of his own," Wass said. "If he decided to answer a question, those parties don't know what he's going to say."

Murray's video-recorded deposition is set to take place on March 18 in the Los Angeles County Jail where he has been serving a four-year prison sentence since November 2011. He could be released on parole later this year.
Murray has never been questioned under oath about Jackson's death. He did not testify at his own trial that ended with his conviction in November 2011.

Offline moonstreet

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Re: Jackson Family V AEG Live
« Reply #36 on: February 25, 2013, 10:56:35 PM »
Michael Jackson’s mom suing concert promoters
By City News Service, on February 25, 2013, at 1:37 pm
By BILL HETHERMAN


A judge today issued a tentative ruling that Michael Jackson’s mother can move forward with her lawsuit contending that the promoters of Michael Jackson’s never-realized London concerts negligently hired Dr. Conrad Murray as the singer’s personal physician.

Los Angeles Superior Court Judge Yvette Palazuelos said she also is leaning toward tossing aside all other claims that could hold AEG Live liable for Jackson’s death.

Defense attorneys had moved for dismissal of the entire complaint, saying that two years of litigation failed to show the company or its executives did anything wrong.

Palazuelos took the issues under submission and did not say when she would issue a final ruling.

The entertainer was set to perform a string of 50 shows dubbed “This Is It,” but he died on June 25, 2009, at age 50, of acute propofol intoxication at his rented home in Holmby Hills while rehearsing for the concert series.

Katherine Jackson sued in September 2010 on behalf of her son’s three children, Michael Jr., Paris-Michael Katherine and Prince Michael, claiming that the company picked Murray to be pop star’s personal physician.

Murray was convicted of involuntary manslaughter in Jackson’s 2009 death and was sentenced in November 2011 to four years in the Los Angeles County men’s jail.

AEG Live attorney Marvin Putnam maintained his clients never hired Murray and that he, in fact, had been one of many doctors who had treated the singer in the past.

He said after the hearing that he was pleased with the work Palazuelos did in preparing her tentative ruling and that he was hopeful she would conclude that the negligent hiring claim also should be dismissed.

Plaintiffs’ attorney Kevin Boyle declined to comment after the hearing.

He said during arguments that AEG Live, in allegedly hiring Murray, gave little consideration to red flags showing that the doctor was in debt and was not a board-certified cardiologist.

Putnam said most doctors are not board-certified and that the fact that he was in debt was irrelevant.

Putnam also said Jackson had a drug problem for years before he entered into any agreements to perform on behalf of AEG Live.

Palazuelos also said in her tentative ruling that she is leaning toward dismissing Timothy Leiweke, AEG Inc.’s president and chief executive officer, and that company as defendants.

Defense attorneys maintain AEG Inc. and AEG Live are two separate entities.

Boyle maintains that the two companies’ interests are intertwined.

Leiweke stated that he had preliminary talks with Jackson and his manager in the fall of 2008 about a potential tour deal.

He said he did not talk with the singer about any medical treatment and that he never had any conversations with any of the entertainer’s physicians.

“I never met or communicated with Dr. Conrad Murray,” Leiweke stated. “To my knowledge, no other AEG Inc. employee or agent every met or communicated with Dr. Murray either. Given that I never communicated with Dr. Murray in any way, I certainly had no role whatsoever hiring, training or supervising Dr. Murray.”

The tentative ruling would keep Paul Gongaware, Co-Chief Executive Officer of Concerts West (a division of AEG Live) and AEG Live President and Chief Executive Officer Brandon Phillips in the case, which is scheduled for trial April 2.

Gongaware stated in his sworn declaration that he never told Jackson or any of his doctors what medications the singer should take.

“At no point did I ever require Jackson to take propofol,” Gongaware states. “I had no idea Jackson was taking propofol until after I learned how Jackson died in press reports. I had no suspicious whatsoever that Dr. Murray was giving Jackson propofol.”

http://www.swrnn.com/2013/02/25/michael-jacksons-mom-suing-concert-promoters/

Offline moonstreet

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Re: Jackson Family V AEG Live
« Reply #37 on: February 26, 2013, 11:00:29 AM »
Judge leans toward letting Jackson suit continue
 By ANTHONY McCARTNEY Monday 25 February


LOS ANGELES (AP) — A jury should decide whether the promoter of Michael Jackson's final concerts negligently hired and supervised the physician convicted of causing the singer's death, a judge tentatively ruled Monday.

If the ruling stands, it will allow the case by Jackson's mother, Katherine, to go forward and present the theory that concert giant AEG Live controlled the physician who gave the superstar a lethal dose of the anesthetic propofol.

Superior Court Judge Yvette Palazuelos' tentative ruling however eliminates some of Katherine Jackson's claims and an attorney for AEG predicted the company would win at trial.

It is unclear when the ruling will be finalized, or whether the judge will change it. She heard two hours of arguments about the case on Monday but didn't indicate whether her mind had been changed.

AEG attorney Marvin Putnam said he was pleased with the ruling and reiterated his belief that the case should have never been filed.

The case centers on whether AEG did an appropriate investigation of Conrad Murray, a former cardiologist who is serving his sentence after being convicted of the involuntary manslaughter of the pop singer. The case also involves whether AEG controlled him while Jackson prepared for a series of comeback concerts.

Katherine Jackson's attorney, Kevin Boyle, declined comment after the hearing, saying he wanted to see the final order.
He told Palazuelos that AEG created a division of loyalties for Murray between his care of Jackson and maintaining an arrangement that would have paid him $150,000 a month to care for the singer.

Jackson died before Murray's contract was signed, and AEG argues he was not an employee of the company.

"AEG just made this more risky for Michael," Boyle argued Monday.

He said the case was unique and it should proceed intact with claims that AEG is liable for Murray's actions. "This has never happened before, or at least no one's been caught," Boyle said.

Putnam argued that by the time it was negotiating Murray's contract to treat Jackson while performing a series of London concerts, the doctor had already been treating the singer for some time, had relocated from Las Vegas to Los Angeles and had ordered large amounts of propofol to help Jackson sleep.

"Sadly, it appears that Michael Jackson's death would have occurred anyway," Putnam said after the hearing.

Katherine Jackson sued in September 2010 and a trial has been scheduled for early April.

Offline moonstreet

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Re: Jackson Family V AEG Live
« Reply #38 on: March 02, 2013, 11:12:32 AM »
Suit over hiring of Jackson doctor to go to trial
By By ANTHONY McCARTNEY, AP Entertainment Writer Friday 1 March


LOS ANGELES (AP) — A judge has dismissed all but one count in a civil lawsuit by Michael Jackson's mother against concert giant AEG Live, which hired a doctor who was convicted of involuntary manslaughter in the singer's death.

Superior Court Judge Yvette Palazuelos' ruling Thursday means that Katherine Jackson will have a trial on her claim that AEG negligently hired and supervised former cardiologist Conrad Murray. The ruling dismisses claims that AEG could be held liable for Murray's conduct and breached its duty to properly care for the pop superstar.

AEG Live was promoting a series of comeback concerts by Michael Jackson in London titled "This Is It." Jackson died in June 2009 while in final preparations for the shows after Murray administered a lethal dose of the anesthetic propofol in the singer's bedroom.

Katherine Jackson's attorney Kevin Boyle was not immediately available for comment but argued at a hearing Monday that AEG controlled Murray's actions and failed to properly investigate him before agreeing to pay him to work as the singer's physician.

He cited Murray's debt problems as a red flag that AEG should have spotted and contends the company created a serious conflict between his responsibility to Jackson and his own financial well-being.

Jackson died at age 50 before a contract that would have paid Murray $150,000 a month was finalized.

AEG attorney Marvin Putnam has said Murray was not employed by the promoter and he expects the company to win at trial. He said Katherine Jackson's lawyers will be unable to prove that AEG should have foreseen that Murray was a danger to the "Thriller" singer.

A trial is scheduled to begin April 2.

http://www.google.com/hostednews/ap/article/ALeqM5iCPrHknnYJnYageiraeGCA5xuPGw?docId=8985bb5ee2ee44e1935b221c56236737

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Re: Jackson Family V AEG Live
« Reply #39 on: March 04, 2013, 10:30:22 AM »
Alleged 'smoking gun' e-mail revealed in Michael Jackson death suit
By Alan Duke, CNN
March 4, 2013 -- Updated 0112 GMT (0912 HKT)


Los Angeles (CNN) -- A "smoking gun" e-mail allegedly connecting a concert promoter to Michael Jackson's death was revealed this week as a judge unsealed documents in the wrongful death lawsuit filed by Jackson's mother and children.

The trial next month in Los Angeles could shed new light on the pop icon's last days as Dr. Conrad Murray, who did not testify at his own involuntary manslaughter trial, and Jackson's oldest son Prince, 16, are on the witness list.

Jackson died two weeks before his "This Is It" comeback concerts, organized by AEG Live, were to have debuted in London in the summer of 2009. E-mails suggested that the promoter was worried about Jackson's missed rehearsals and they sought Murray's help in getting him ready.

Prince, Paris and Blanket Jackson and their grandmother, Katherine Jackson, contend that AEG Live's pressure on Murray to have Michael Jackson ready for daily rehearsals despite his fragile health led to his death from an overdose of surgical anesthetic.

The judge ruled Wednesday that Jackson lawyers have shown enough evidence that AEG Live hired and supervised Murray to warrant a jury trial. She also ruled there was evidence to support the Jacksons' claim that AEG Live executives could have foreseen that Murray would use dangerous drugs in treating the pop icon.

"Now that the court has ruled that there is evidence that it was foreseeable that AEG's actions resulted in Michael Jackson's death, the Jackson family feels vindicated from the public smear campaign that AEG has waged against them," Jackson lawyer Kevin Boyle said Sunday. "The truth about what happened to Michael, which AEG has tried to keep hidden from the public since the day Michael died, is finally emerging. We look forward to the trial where the rest of the story will come to light."

A cornerstone of the Jacksons' case is an e-mail AEG Live Co-CEO Paul Gongaware wrote 11 days before Jackson's June 25, 2009, death. The e-mail to show director Kenny Ortega addressed concerns that Murray had kept Jackson from a rehearsal the day before: "We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him."

Jackson lawyers, calling it a "smoking gun," argue the e-mail is evidence that AEG Live used Murray's fear of losing his $150,000-a-month job as Jackson's personal physician to pressure him to have Jackson ready for rehearsals despite his fragile health.

Ortega, who had worked closely with Jackson on previous tours, sounded a loud warning about his health after Jackson showed up for a rehearsal shivering just over a week before his death. He wrote in an e-mail to AEG Live President Randy Phillips: "It is like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in this weakened and troubled state. I believe we need professional guidance in this matter."

Phillips responded with a glowing endorsement of Murray: "This doctor is extremely successful (we check everyone out) and does not need this gig so he is totally unbiased and ethical."

Jackson lawyers point to another e-mail exchange as evidence that Phillips was directly involved with pressuring Murray to have Jackson at rehearsals. The e-mail was sent by AEG Live tour accountant Timm Woolley to an insurance broker two days before Jackson died: "Randy Phillips and Dr. Murray are responsible for MJ rehearsal and attendance schedule."

Murray told investigators two days after Jackson's death that he used the surgical anesthetic propofol every night for two months to help him rest for rehearsals. It was a procedure Jackson demanded, he said. The Los Angeles County coroner ruled that Jackson had died from an overdose of propofol in combination with sedatives. Murray is serving a prison sentence for his involuntary manslaughter conviction.

AEG Live argues it has no liability in Jackson's death because Murray was not its employee. AEG lawyer Marvin Putnam did not respond Sunday to CNN calls for comment, but he did give a short statement last year: "Defendants did not hire Dr. Murray nor were they responsible for the death of Michael Jackson."

The lawsuit seeks a judgment against AEG Live equal to the money Jackson would have earned over the course of his remaining lifetime if he had not died in 2009. If AEG Live is found liable, it could cost the company several billion dollars, according to estimates of Jackson's income potential. AEG Live is a subsidiary of AEG, a global entertainment company that is now for sale with an $8 billion asking price.

Los Angeles County Superior Court Judge Yvette Palazuelos, in her ruling rejecting AEG Live's request to have the case thrown out, said she agreed that the Jackson lawyers provided evidence that AEG Live didn't do "a sufficient background check of Dr. Murray, which would have established that Murray was deeply in debt."

Jackson's previous relationship with Murray, who treated him and his children for minor illnesses in Las Vegas, did not relieve AEG Live of liability, "although the fact may be relevant in determining proportional liability and damages," she said.

While the AEG Live lawyers argued the company could not have foreseen that Murray might use dangerous drugs on Jackson in preparation for the tour, Palazuelos said there was evidence that Gongaware had "previous tour experiences" with Jackson in which "tour doctors" gave "large amounts of drugs/controlled substances to him." Gongaware testified in Murray's trial that he worked as tour manager for Jackson's "Dangerous" and "History" tours before joining AEG Live.

The judge cited "Gongaware's general knowledge of the ethical issues surrounding 'tour doctors' and the practice of administering drugs to performing artists."

"There is a triable issue of fact as to whether it was foreseeable that such a physician under strong financial pressure may compromise his Hippocratic Oath and do what was known by AEG Live's executives to be an unfortunate practice in the entertainment industry for financial gain," the judge wrote.

http://edition.cnn.com/2013/03/03/showbiz/michael-jackson-death-suit/index.html

Offline moonstreet

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Re: Jackson Family V AEG Live
« Reply #40 on: March 16, 2013, 07:24:06 PM »
Katherine Jackson’s Wrongful Death Lawsuit Suffers Major Legal Setback
Posted on Mar 12, 2013 @ 16:31PM | By Jen Heger


Katherine Jackson‘s suffered a huge legal setback this past week in her wrongful death lawsuit  for her son Michael Jackson when a California court dismissed all of her claims against AEG and its President Tim Leiweke RadarOnline.com is exclusively reporting.

Additionally all but one of her claims against the remaining defendants were dismissed and the California Court of Appeals ordered Michael’s medical records unsealed.

Those remaining defendants have filed legal documents with the Court of Appeal in California to dismiss that one remaining claim on the question of whether AEG Live negligently hired Dr. Conrad Murray, Jackson’s long time personal physician.  Murray was convicted in 2011 of the involuntary manslaughter death of Michael Jackson after administering a fatal dose of propofol to help the pop singer sleep. Murray hadn’t signed formally signed his employment contract with AEG at the time of Jackson’s death.

In response to the filing, the Court of Appeal indicated that it would be unsealing certain records of the late pop singer, including Jackson’s medical records.

In court documents obtained by RadarOnline.com, AEG Live asserts, “absent this Court’s immediate intervention, defendants will shortly begin a long trial based on the trial court’s fundamental misapplication of California law. Plaintiffs seek more than $40 billion in damages from defendants arising from the 2009 death of pop music star Michael Jackson….On February 27, 2013, Respondent Court summarily adjudicated all of the Jackson’s claims except negligent hiring….Specifically, Respondent Court held that there was a triable issue of fact as to whether AEG Live should have suspected Dr. Murray “may compromise his Hippocratic Oath” because Dr. Murray was in debt, and because Mr. Jackson was known to have had a prior problem with painkiller abuse. Respondent Court provided no explanation as to how such knowledge would have made it legally foreseeable that Dr. Murray would administer a fatal dose of anesthesia to Mr. Jackson in his home for sleep.”

When contacted by RadarOnline, com, Marvin Putnam, attorney for AEG Live responded, “The Court of Appeal rarely grants these extraordinary requests, although I am confident, whether before or after trial, that the courts of this state will find the law does not allow Mrs. Jackson’s claim. Any other outcome would wreak havoc on California’s business community.”

http://radaronline.com/exclusives/2013/03/michael-jackson-mother-katherine-jackson-wrongful-death-lawsuit-major-legal-setback/

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Re: Jackson Family V AEG Live
« Reply #41 on: March 16, 2013, 07:38:02 PM »
Michael Jackson’s Oldest Son Prince Plans On Testifying At Wrongful Death Lawsuit Trial
Posted on Mar 15, 2013 @ 4:38AM | By Jen Heger


Michael Jackson‘s oldest son, Prince, plans on testifying at the wrongful death lawsuit trial of his superstar father, RadarOnline.com is exclusively reporting.

“Prince absolutely plans on testifying,” a family insider tells Radar. “His grandmother, Katherine, filed the lawsuit against AEG, which was the concert promoter for Michael’s comeback concerts that were scheduled to take place in London. Katherine contends that AEG was responsible for her son’s death because they were responsible for hiring Dr. Conrad Murray to be his physician

Prince very much wants to take the stand and plans to tell jurors about specific conversations he had with his father about AEG. Prince will also testify about the fateful day his father died, as he was an eyewitness to the efforts that were made to save his life. There are no plans for either Paris or Blanket to testify though.”

As RadarOnline.com previously reported, Katherine suffered a huge legal setback this past week when a California court dismissed all of her claims against AEG and its president, Tim Leiweke.

Additionally, all but one of her claims against the remaining defendants were dismissed and the California Court of Appeals ordered Michael’s medical records unsealed.

Those remaining defendants have filed legal documents with the Court of Appeal in California to dismiss the one claim, on the question of whether AEG Live negligently hired Murray, Jackson’s long time personal physician.

As RadarOnline.com has previously reported, Murray was convicted in 2011 for the involuntary manslaughter death of Michael after administering a fatal dose of propofol to help the pop singer sleep. Murray hadn’t formally signed his employment contract with AEG at the time of Michael’s death.

If the case proceeds to trial on April 1, “jurors will be very interested in what Prince has to say. He is a very well spoken and intelligent young man,” the source said.

“When Michael was alive, he treated his oldest son as an adult. Michael consulted Prince on business decisions. Prince is extremely mature and considerate young man.”

http://radaronline.com/exclusives/2013/03/michael-jackson-son-prince-testify-wrongful-death-trial/

Offline moonstreet

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Re: Jackson Family V AEG Live
« Reply #42 on: March 16, 2013, 07:40:16 PM »
MICHAEL JACKSON Kids, Mom Want OVER $40 BIL!!!
3/15/2013 5:06 PM PDT BY TMZ STAFF


Michael Jackson's 3 children and his mom Katherine want in excess of $40 BILLION from AEG Live for the death of the singer ... TMZ has learned.

We've obtained legal docs which now lay out what Prince, Paris, Blanket and Katherine want from the entertainment company for its alleged negligent hiring and supervision of Dr. Conrad Murray.

The kids want $10 billion for all of the future earnings they claim MJ would have scored had he lived.

They want an additional $50 million for various other damages.

AEG Live claims the $40 billion is preposterous because Michael's career was in a downward spiral following the child molestation allegations, as well as self-imposed exile in the Middle East.  They claim the damage claim is based on rank speculation.

http://www.tmz.com/2013/03/15/katherine-jackson-michael-jackson-aeg-wrongful-death-40-billion-damages/

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Re: Jackson Family V AEG Live
« Reply #43 on: March 17, 2013, 10:58:40 AM »
CONRAD MURRAY To Take the 5th In Katherine Jackson Suit
3/17/2013 1:00 AM PDT BY TMZ STAFF


Sounds a little weird, but Conrad Murray -- who has already been convicted and serving time for killing Michael Jackson -- will exercise his 5th Amendment right against self-incrimination in Katherine Jackson's lawsuit against AEG.

Michael's mom is suing AEG, claiming the company negligently hired and supervised Murray, which resulted in her son's death.  Katherine has subpoenaed Murray to explain his arrangement with AEG.

Sources connected with the case tell TMZ ... Murray's lawyer, Valerie Wass, will file legal docs ... arguing she is appealing Murray's conviction, and if it's overturned it's likely he'd be re-tried.  If that happens, what he says could still be used against him, so Wass wants Murray to keep his trap shut.

It's pretty crazy, since Murray has already served almost a year-and-a-half.  By the time his case is appealed, he'll probably be out.

http://www.tmz.com/2013/03/17/conrad-murray-fifth-amendment-self-incrimination-michael-jackson-aeg-katherine-jackson/

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Re: Jackson Family V AEG Live
« Reply #44 on: March 18, 2013, 09:35:28 AM »
Conrad Murray says he won't testify in Michael Jackson wrongful death trial
By Alan Duke, CNN
March 18, 2013 -- Updated 0544 GMT (1344 HKT)


Los Angeles (CNN) -- Dr. Conrad Murray, who was Michael Jackson's personal physician, is refusing to testify in the wrongful death lawsuit that the singer's mother filed against concert promoter AEG Live.

If called, he will plead the fifth so as not to incriminate himself, the doctor said in a statement sent to the Jackson family.

Murray has never been questioned under oath about Jackson's death, which occurred on his watch.

He did not testify at his trial, where he was found guilty of causing Jackson's death on June 25, 2009, by administering a deadly overdose of sedatives and the surgical anesthetic propofol in what he told police was an attempt to cure the singer's insomnia.

He is serving a four-year sentence but could be out in two.

On Monday, he was supposed to be deposed in the wrongful death suit.

But lawyers for Jackson's mother, Katherine, and her three children called off their jailhouse visit because Murray swore "he would not answer any questions at the deposition or the trial," Jackson lawyer Kevin Boyle told CNN.

He said the Jackson case would not suffer without his testimony.

AEG's lawyer suggests the Jacksons canceled Murray's deposition because his testimony would "destroy" their case.

"They are not interested in the truth," said the lawyer, Marvin Putnam.

The cancellation came after Murray's attorney Valerie Wass sent the Jacksons a sworn statement signed by Murray making it clear he would not answer any questions while his involuntary manslaughter conviction in Michael Jackson's death is being appealed.

"Accordingly, if I am called or ordered to testify at deposition or trial in the Katherine Jackson vs AEG wrongful death case, I will be asserting my Fifth Amendment privilege against self-incrimination and refuse to answer any questions," Murray's declaration said.

Jury selection in the civil trial is set to begin April 2 in a Los Angeles County court.

http://edition.cnn.com/2013/03/18/showbiz/murray-michael-jackson-lawsuit/index.html